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(영문) 서울중앙지방법원 2019.11.26 2019고단5701
사기
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, a dentist from May 2014 to March 2018, operated “C” on the second floor of the Jung-gu Seoul Metropolitan Government B building.

around August 3, 2015, around July 28, 2015, the Defendant filed a claim for medical care benefit costs as if a patient D, who was not within the dental clinic, actually frighted to the above dental clinic on the above day, had received a chronic simple treatment. Accordingly, by deceiving the person in charge of medical care benefit costs of the National Health Insurance Corporation for the victim, the Defendant received KRW 27,250 from the victim around that time.

In addition, from April 3, 2015 to September 6, 2017, the Defendant filed a claim for medical care benefits by means of false statement of internal origin, false claim for treatment without payment, false claim for treatment without payment, double claim for medical care benefits after non-medical treatment, etc. As such, the Defendant received KRW 17,043,868 from the victim as the medical care benefits amount.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to report criminal investigations (report on revision of facts);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(1) appears to have been KRW 17,043,868 of the National Health Insurance Corporation due to the instant crime and deemed to have returned the full amount thereof by the Defendant. Some of the crimes appears to have no conclusive intention on the Defendant. The Defendant, as the instant case, is subject to a disposition of suspension of health care benefit business for 84 days, recognizes and reflects the Defendant’s initial crime and mistake, and other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., shall be determined

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